Section He-M 405.04 - Application Procedure and Designation/Redesignation Criteria(a) An application for designation or redesignation as a DRF shall be made in writing to the commissioner, and shall include a description of all programs and services operated by the applicant, including services to be available through the proposed DRF, as required by (c) below.(b) An application for redesignation shall be submitted by a DRF to request redesignation or to alter the service capacity or type of services a facility is designated to provide. An application for redesignation shall be submitted to the commissioner at least 6 months prior to the expiration date of the DRF's designation. Submission of such application shall cause the DRF's current designation to be effective until the commissioner issues a decision pursuant to (g) below.(c) The description of a DRF submitted pursuant to He-M 405.04(a) above shall include the following: (1) The name and address of the applicant;(2) A description of the physical location of the DRF, including whether the facility is hospital-based or non-hospital-based;(3) A statement of intent to provide services pursuant to He-M 405.03(a)(1), He-M 405.03(a)(2), and/or He-M 405.03(a)(3);(4) A statement describing the capacity of the DRF to provide services pursuant to He-M 405.11 and He-M 405.12;(5) A description of staffing patterns and staff qualifications, including psychiatric staff, that demonstrates compliance with He-M 405.11; and (6) Documentation which demonstrates that the DRF meets the requirements set forth in He-M 405.03(c)-(f).(d) A hospital-based DRF which submits an application for designation or redesignation shall include a certification of compliance with the Conditions of Participation for hospital-based psychiatric services as set forth by the federal Centers for Medicare and Medicaid Services (CMS) in accordance with 42 CFR Part 482 . Such certification of compliance shall be obtained from either the department on behalf of the Centers for Medicare and Medicaid Services or a national accrediting organization that has been deemed by CMS as having standards and a survey process that meets the Medicare conditions of participation and federal survey requirements.(e) A non-hospital-based DRF which submits an application for designation or redesignation shall include documentation demonstrating that the DRF is licensed by the department in accordance with RSA 151 and He-P 830 and/or certified as a community residence pursuant to He-M 1002.(f) The commissioner shall assign staff to review the application materials and conduct a site visit of any DRF applying for designation or redesignation. Such review and site visit shall result in a determination of the compliance or non-compliance of the DRF with He-M 405 and all other applicable department rules.(g) Upon completion of a review and site visit, the commissioner shall: (1) Designate or redesignate as a DRF those facilities which have been determined, pursuant to (f) above, to be in compliance with He-M 405 and all other applicable rules;(2) Conditionally designate or redesignate as a DRF for a period of up to 180 days, those facilities which have been determined, after considering the information gathered pursuant to (f) above, to be substantially in compliance with He-M 405 and all other applicable rules, provided that there is no indication the health or safety of clients is at risk; or(3) Deny designation or redesignation as a DRF to those facilities which have been determined, pursuant to (f) above, not to comply with He-M 405 and all other applicable rules.(h) A conditional designation or redesignation pursuant to (g)(2) above may be renewed only if the DRF has engaged with the department in good faith efforts to address any areas of non-compliance leading to the initial conditional designation or redesignation.(i) The commissioner shall notify an applicant in writing upon approval or denial of application for designation or redesignation. Designation or redesignation shall be effective for 5 years from the date of notification. A DRF shall be designated or redesignated to provide only those services described by the applicant pursuant to (a) above and those required pursuant to He-M 405.12.(j) Notification of a decision to deny designation or redesignation shall specify the reasons for the decision and its effective date. The effective date of the decision denying a redesignation shall be at least 90 days from the date of the denial notice. The DRF may appeal a decision pursuant to He-C 200.(k) Following designation or redesignation, a DRF shall undergo a bi-annual review by the department that evaluates: (1) Any policies that have changed since the designation, re-designation, or bi-annual review; and(2) The applicable medical record specified below: a. One record shall be for an individual affiliated with a community mental health program; andb. One record shall be for an individual who is not affiliated with a community mental health program.N.H. Admin. Code § He-M 405.04
#1806, eff 9-7-81; ss by #2579, eff 1-10-84, EXPIRED, 5-11-84
New. #2712, eff 5-16-84, EXPIRED, 5-16-90
New. #5323, eff 1-31-92; ss by #5432, eff 7-1-92; ss by #5581, eff 2-12-93, EXPIRED, 2-12-99
New. #7051, eff 6-29-99, EXPIRED: 6-29-07
New. #10389, INTERIM, eff 8-1-13, EXPIRES: 1-28-14; ss by #10516, eff 1-28-14
Amended by Volume XLII Number 2, Filed January 13, 2022, Proposed by #13299, Effective 12/2/2021, Expires 12/2/2031Amended by Volume XLI Number 23, Filed June 10, 2021, Proposed by #13212, Effective 5/28/2021, Expires 11/24/2021